Access To Assisted Conception: A Call For Legislative Reform In Light Of The Modern Family (Susan Doe V. Attorney General Of Canada),
2010
The Peter A. Allard School of Law
Access To Assisted Conception: A Call For Legislative Reform In Light Of The Modern Family (Susan Doe V. Attorney General Of Canada), Lisa Feldstein
Canadian Journal of Family Law
This paper explores the impact of laws regarding assisted conception and the discriminatory effect these laws have in light of non-traditional family forms. Specifically, it considers the Processing and Distribution of Semen for Assisted Conception Regulations and how these regulations serve to exclude certain individuals who do not fit into the "traditional" nuclear family model. The author critiques the judgement of Susan Doe v. Attorney General of Canada and calls for legislative reform in order for the laws to accurately reflect realities of the family in the 21st century.
Navigating Potentially Conflicting Political Rationalities: Discursive Strategies About “Family” In Alberta’S Child Welfare Law,
2010
The Peter A. Allard School of Law
Navigating Potentially Conflicting Political Rationalities: Discursive Strategies About “Family” In Alberta’S Child Welfare Law, Joshua Friedstadt
Canadian Journal of Family Law
This paper empirically investigates how lawmakers navigate family law's contested terrain. Using Alberta's newest child welfare law, the Child, Youth and Family Enhancement Act (2004) as a case, I explain the discursive strategies used to pass this unique law through a socio-political context dominated by political rationalities with partially divergent ideas of "family." Analysis reveals two dominant discursive strategies. The first creates a discursive framework that expels welfarist rationalities and centers tensional neoliberal and neoconservative logics. The second navigates the tensions between neoliberal and neoconservative images of family by constituting the content of families as autonomous and responsible while leaving …
The Best Interests Of Children: An Evidence-Based Approach By Paul Millar,
2010
The Peter A. Allard School of Law
The Best Interests Of Children: An Evidence-Based Approach By Paul Millar, Gene C. Coleman
Canadian Journal of Family Law
No abstract provided.
Front Matter,
2010
The Peter A. Allard School of Law
Access Barred: The Effects Of The Cuts And Restructuring Of Legal Aid In B.C. On Women Attempting To Navigate The Provincial Family Court System,
2010
The Peter A. Allard School of Law
Access Barred: The Effects Of The Cuts And Restructuring Of Legal Aid In B.C. On Women Attempting To Navigate The Provincial Family Court System, Jaime Sarophim
Canadian Journal of Family Law
Self-represented litigants are becoming an epidemic in the B.C. provincial court system. Litigants who lack legal training and knowledge about the formalities of the court often slow and disrupt the justice system. The cuts to legal aid and the Supreme Court of Canada decision in Christie have contributed to this epidemic. The purpose of this paper is to discuss some of the challenges that self-represented litigants pose to the family law justice system. The erosions to legal aid funding and services have had a disproportionately negative effect on women. It has forced women to become self-represented litigants, resulting in women's …
An Alternative Conception: The Legality Of Home Insemination Under Canada’S Assisted Reproduction Act,
2010
The Peter A. Allard School of Law
An Alternative Conception: The Legality Of Home Insemination Under Canada’S Assisted Reproduction Act, Fiona Kelly
Canadian Journal of Family Law
Despite access to fertility clinics, at-home self-insemination with the sperm of a known donor is a common practice amongst lesbian and single women. Home insemination is understood to provide several advantages over conception at a fertility clinic, particularly given the federal prohibition on sperm donation by donors who have had sex with other men. Despite the prevalence of the practice, there is some doubt in Canada as to whether home insemination is legal. While the Assisted Human Reproduction Act ("AHRA") does not explicitly address home insemination, it could be interpreted as outlawing the practice. This article addresses the …
Pregnant Man?: A Conversation,
2010
Pace Law School
Pregnant Man?: A Conversation, Darren Rosenblum, Noa Ben-Asher, Mary Anne Case, Elizabeth F. Emens, Berta E. Hernández-Truyol, Vivian M. Gutierrez, Lisa C. Ikemoto, Angela Onwuachi-Willig, Jacob Willig-Onwuachi, Kimberly Mutcherson, Peter Siegelman, Beth Jones
Faculty Scholarship
I'm a law professor who works on gender, sexuality, and culture in the international and comparative context. That's my head working. In "real" life, my partner, Howard, and I have been engaged in having a baby together for several years, a project that came to fruition with the birth of our daughter Melina. Of course, such a project evokes intensely complex feelings and thoughts. Beyond a simple transposition of the personal onto the political, I feel so fortunate to have engaged in myriad conversations with a variety of friends and colleagues who think much more carefully about the family and …
Familial Norms And Normality,
2010
Columbia Law School
Familial Norms And Normality, Clare Huntington
Faculty Scholarship
Social norms exert a powerful influence on families. They shape major life decisions, such as whether to marry and how many children to have, as well as everyday decisions, such as how to discipline children and divide household labor. Emotion is a defining feature of these familial social norms, giving force and content to norms in contexts as varied as reproductive choice, parenting, and same-sex relationships. These emotion-laden norms do not stand apart from the law. Falling along a continuum of involvement that ranges from direct regulation to choice architecture, state sway over social norms through their emotional valence is …
The Impact Of The Adoption And Safe Families Act On Children Of Incarcerated Parents,
2010
Columbia Law School
The Impact Of The Adoption And Safe Families Act On Children Of Incarcerated Parents, Arlene F. Lee, Philip Genty, Mimi Laver Child Welfare League Of America
Faculty Scholarship
On November 9, 1997, President Bill Clinton signed the Adoption and Safe Families Act of 1997 (ASFA) to improve the safety of children, to promote adoption and other permanent homes for children, and to support families. The changes in ASFA are important to ensure the safety of children and increase their likelihood of placement in permanent homes. The change that requires close examination is the timeline for initiating the termination of parental rights (TPR) proceedings. Many people have questioned whether these changes, if applied in their strictest terms, have had a detrimental effect on children of prisoners, because a large …
Filling The Due Process Donut Hole: Abuse And Neglect Cases Between Disposition And Permanency,
2010
Columbia Law School
Filling The Due Process Donut Hole: Abuse And Neglect Cases Between Disposition And Permanency, Joshua Gupta-Kagan
Faculty Scholarship
Abuse and neglect cases involve constantly changing facts. They “are unlike civil cases, which typically involve only facts gone by ... The ultimate parties in interest are the [children] themselves. And for them, their lives are ... ongoing event[s].” A child’s need to return to his parent may ebb or flow. His parent’s fitness may improve, regress, or remain the same. Federal law, followed in all states that wish to receive federal funds to support foster care, requires regular permanency hearings so family courts can make decisions based on evolving factual situations. These decisions, and the lack of greater procedural …
Which Came First The Parent Or The Child?,
2010
Mitchell Hamline School of Law
Which Came First The Parent Or The Child?, Mary P. Byrn, Jenni Vainik Ives
Faculty Scholarship
From the moment a child is born, she is a juridical person endowed with constitutional rights. A child’s parents, however, do not become legal parents until a state statute grants them the fundamental right to raise one’s child. The state, therefore, exercises considerable power and discretion when it drafts the parentage statutes that determine who becomes a legal parent. This article asserts that the state, through its parens patriae power, has a duty to act as an agent for children when it drafts its parentage statutes. In particular, the state must adopt parentage statutes that satisfy children’s fundamental right to …
Towards A New Lens Of Analysis: The History And Future Of Religious Exemptions To Child Neglect Statutes,
2010
University of Richmond
Towards A New Lens Of Analysis: The History And Future Of Religious Exemptions To Child Neglect Statutes, Gregory Engle
Richmond Public Interest Law Review
In order to analyze the religious exemptions, this paper will begin with their history. Part II looks at the Child Abuse Prevention and Treatment Act of 1974 (CAPTA) the statute that precipitated their spread, as well as the justifications that it was bolstered upon: Free Exercise of religion and parental rights. The Equal Protection critique follows as Part III, followed by Part IV that discusses the traditional critique, grounded in the Establishment Clause. In Part V, the article will finish with an explanation of why the Equal Protection critique is a much stronger criticism.
Graveside Birthday Parties: The Legal Consequences Of Forming Families Posthumously,
2010
Cleveland State University
Graveside Birthday Parties: The Legal Consequences Of Forming Families Posthumously, Browne C. Lewis
Law Faculty Articles and Essays
This essay highlights some of the legal consequences resulting from the widespread availability and use of reproductive technology. The Essay is divided into three parts. Part I examines the steps that must be taken to identify the legal parents of the posthumously conceived children. Part II discussed the reproductive rights of the deceased gamete providers. Since most posthumous reproduction is done using the sperm of dead men, the discussion centers on male reproductive rights. Finally, Part III focuses on the inheritance rights of posthumously conceived children.
Marriage Equality In New Jersey: Love, Law, And Political Appointments,
2010
Seton Hall Law
Marriage Equality In New Jersey: Love, Law, And Political Appointments, Monica Hoopes
Student Works
No abstract provided.
Fragmentation And Consolidation In The Law Of Marriage And Same-Sex Relationships,
2010
Brooklyn Law School
Fragmentation And Consolidation In The Law Of Marriage And Same-Sex Relationships, David D. Meyer
Faculty Scholarship
No abstract provided.
From Nondiscrimination To Civil Marriage,
2010
Pace Law School
From Nondiscrimination To Civil Marriage, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Non-Adversarial Case Resolution,
2010
University of Michigan Law School
Non-Adversarial Case Resolution, Donald N. Duquette
Book Chapters
A lawyer practicing in child welfare is increasingly likely to either want to refer a case to a Non-Adversarial Case Resolution (NACR) program or to be ordered into NACR by the court. This chapter is intended to orient a lawyer to the most common forms of NACR in the United States today, prepare him or her to participate competently in that structure, and to encourage more widespread use of these promising alternatives.
Federal Child Welfare Legislation.,
2010
University of Michigan Law School
Federal Child Welfare Legislation., Frank Vandervort
Book Chapters
This chapter provides a brief overview of federal statutes that impact the practice of child welfare law. Since the enactment of the Child Abuse Prevention and Treatment Act in 1974 (CAPTA), the federal government has played an ever increasing role in handling child maltreatment cases.
U.S. Immigration Law And The Traditional Nuclear Conception Of Family: Toward A Functional Definition Of Family That Protects Children's Fundamental Human Rights,
2010
University of Florida Levin College of Law
U.S. Immigration Law And The Traditional Nuclear Conception Of Family: Toward A Functional Definition Of Family That Protects Children's Fundamental Human Rights, Shani M. King
UF Law Faculty Publications
Although the paramount purpose of United States immigration law is not to protect the integrity of family, U.S. immigration law does explicitly aim to do so in certain circumstances. The Immigration and Nationality Act (INA) includes family reunification provisions, for example, which allow United States citizens and lawful permanent residents to petition for family members who live in other countries to join them in the United States. Even the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), often described as a draconian statute, technically allows otherwise removable "aliens" to remain in the United States if removal would result …
For Those Not John Edwards: More And Better Paternity Acknowledgments At Birth,
2010
Northern Illinois University
For Those Not John Edwards: More And Better Paternity Acknowledgments At Birth, Jeffrey A. Parness, Zachary Townsend
University of Baltimore Law Review
No abstract provided.
